Consider the following statements:
- The constitution of India defines its basic structure in terms of federalism, secularism, fundamental rights, and democracy.
- The constitution of India provides for the ‘judicial review’ to safeguard the citizen’s liberties and to preserve the ideals on which the constitution is based.
Which of the above-given statements is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Explanation
Statement 1 is incorrect
- The Constitution of India does not explicitly define its basic structure. The doctrine of basic structure is propounded by the Supreme Court in the famous Kesavananda Bharti case (1973). This judgment introduced the Basic Structure Doctrine, which holds that certain fundamental features of the Constitution cannot be altered or destroyed by Parliament through amendments. These fundamental features include federalism, secularism, democracy, and the protection of fundamental rights, among others. However, the Constitution itself does not explicitly list or define these as its basic structure. The interpretation and identification of what constitutes the basic structure have evolved through various judicial pronouncements over time.
Statement 2 is incorrect
- The Constitution of India does not explicitly mention the term ‘judicial review.’ However, judicial review is an implied power derived from several constitutional provisions, such as Articles 13, 32, and 226. These articles allow the Supreme Court and High Courts to review the constitutionality of laws and acts of the executive.
